Showing items 61 - 80 of 3571

Attitude of physical sciences teachers towards the role of formal assessment of practical work: a case study in Buffalo City metropolitan district in the Eastern Cape

  • Authors: Mzinyane, Lindiwe
  • Date: 2024-04
  • Subjects: Physical sciences -- Study and teaching , Life sciences -- Study and teaching , Science -- Study and teaching -- South Africa
  • Language: English
  • Type: Master's theses , text
  • Identifier: http://hdl.handle.net/10948/64016 , vital:73639
  • Description: The Curriculum and Assessment Policy Statement (CAPS) for Physical sciences in South African states that learners should carryout formal experiments Formal experiments contribute immensely to the development of laboratory skills and scientific knowledge, as well as understanding science concepts and theories. However, research shows that many teachers do not support and/or guide learners in formal experiments. The aim of this study was to explore and understand the attitude of Grade 11 Physical sciences teachers in Buffalo City Metropolitan District (BCM), in the Eastern Cape province regarding formal experiments. The TALIS framework was used to unpack teachers’ perceptions and understanding of formal experiments and related practical activities. A qualitative approach within the interpretative paradigm was employed in which an open-ended questionnaire and face to face interviews were conducted as data collection tools. The sample comprised ten participants (4 males and 6 females) of ages ranging from 20 to 54 years The data collection process involved three phases that included a pre-intervention questionnaire, an intervention workshop and post intervention face to face interview. Most of the participants 7(70%) confirmed that they did not carry out all formal experiments as prescribed in the CAPS document. The results revealed that most teachers do not understand the purpose of practical work and /or formal experiments, which is a possible explanation for the negative attitude towards the formal experiments teachers hold. The study also revealed that some participants 4(40%) did not understand the link between science pedagogy and the nature of science. It was discovered from the results that negative attitude towards formal experiments was due to lack of resources, lack of knowledge to guide learners to carry out the experiments, lack of time, and overcrowded classes. , Thesis (MEd) -- Faculty of Education, School of Postgraduate Education, 2024
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  • Date Issued: 2024-04

Augmenting encoder-decoder networks for first-order logic formula parsing using attention pointer mechanisms

  • Authors: Tissink, Kade
  • Date: 2024-04
  • Subjects: Translators (Computer programs) , Computational linguistics , Computer science
  • Language: English
  • Type: Master's theses , text
  • Identifier: http://hdl.handle.net/10948/64390 , vital:73692
  • Description: Semantic parsing is the task of extracting a structured machine-interpretable representation from natural language utterance. This representation can be used for various applications such as question answering, information extraction, and dialogue systems. However, semantic parsing is a challenging problem that requires dealing with the ambiguity, variability, and complexity of natural language. This dissertation investigates neural parsing of natural language (NL) sentences to first-order logic (FOL) formulas. FOL is a widely used formal language for expressing logical statements and reasoning. FOL formulas can capture the meaning and structure of natural language sentences in a precise and unambiguous way. The problem is initially approached as a sequence-to-sequence mapping task using both LSTM-based and transformer encoder-decoder architectures for character-, subword-, and wordlevel text tokenisation. These models are trained on NL-FOL datasets using supervised learning and evaluated on various metrics such as exact match accuracy, syntactic validity, formula structure accuracy, and predicate/constant similarity. A novel augmented model is then introduced that decomposes the task of neural FOL parsing into four inter-dependent subtasks: template decoding, predicate and constant recognition, predicate set pointing, and object set pointing. The components for the four subtasks are jointly trained using multi-task learning and evaluated using the same metrics from the sequence-tosequence models. The results indicate improved performance over the sequence-to-sequence models and the modular design allows for more interpretability and flexibility. Additionally, to compensate for the scarcity of open-source, labelled NL-FOL datasets, a new benchmark is constructed from publicly accessible data. The data consists of NL sentences paired with corresponding FOL formulas in a standardised notation. The data is split into training, validation, and test sets. The main contributions of this dissertation are: an in-depth literature review covering decades of research presented with a consistent notation, the formation of a complex NL-FOL benchmark that includes algorithmically generated and human-annotated FOL formulas, proposal of a novel transformer encoder-decoder architecture that is shown to successfully train at significant depths, evaluation of twenty sequence-to-sequence models on the task of neural FOL parsing for different text representations and encoder-decoder architectures, the proposal of a novel augmented FOL parsing architecture, and an in-depth analysis of the strengths and weaknesses of these models. , Thesis (MSc) -- Faculty of Science, School of Computer Science, Mathematics, Physics and Statistics , 2024
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  • Date Issued: 2024-04

Balancing an educator’s right to strike and a child’s right to basic education.

  • Authors: Maluleke, Mongwena John
  • Date: 2024-04
  • Subjects: Educational law and legislation , Children's right to education , Basic education
  • Language: English
  • Type: Doctoral theses , text
  • Identifier: http://hdl.handle.net/10948/66128 , vital:74400
  • Description: This thesis examines how a fair balance can be realised between the educator’s right to strike and the child’s right to education. International and constitutional frameworks are analysed to uncover South Africa’s position on the two opposing rights and the various balancing approaches available. The study recommends a consensus-based approach to balance the rights of educators with that of the child’s right to education. It further proposes the establishment of a structured and organised forum or institution with the sole purpose of dealing with the rights of educators that compete with the rights of learners. , Thesis (LLD) -- Faculty of Law, Department of Mercantile law, 2024
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  • Date Issued: 2024-04

Computer vision as a tool for tracking gastropod chemical trails

  • Authors: Viviers, Andre
  • Date: 2024-04
  • Subjects: Computers , Electronic data processing , Machine learning
  • Language: English
  • Type: Master's theses , text
  • Identifier: http://hdl.handle.net/10948/64863 , vital:73934
  • Description: The difficulties encountered in previous gastropod research with human intervention (Raw, Miranda, & Perissinotto, 2013) inspired this dissertation. More specifically the tedious task of human intervention in the tracking of gastropod chemical trails, which is a time-consuming and error-prone exercise. In this study, computer vision is proposed as an alternative to human intervention. A machine learning literature review was conducted to identify relevant methodologies and techniques for the research. Furthermore, it investigates data preprocessing techniques on a variety of different data types. This sets the stage for a deeper investigation of techniques used for pre-processing image and video data. Following that, another literature review delved deeper into the computer vision pipeline. The review is divided into two parts: data pre-processing and model training. First, it provides a deeper investigation into relevant data pre-processing techniques for use in constructing a dataset comprised of gastropod images. Following that, it delves into the complexities of training a computer vision model. The study then investigates convolutional neural networks, revealing the neural networks’ suitability in image/video processing. A convolutional neural network is selected as the foundation for the best-effort model. This serves as the foundation for the subsequent experimental research. The first part of the experimental work involves creating a labelled dataset from the video dataset provided by Raw et al. (2013). By employing data preprocessing techniques in a strategic manner, an unlabeled dataset is generated. Then a labelled dataset is generated using a simple K-Means clustering algorithm and manual labelling. Thereafter, a best-effort model is trained to detect gastropods within images using this dataset. After making the labelled dataset, the next step in the exploration is to build a prototype that can find gastropods and draw trace lines based on their movement. Five evaluation runs serve to gauge the prototype’s effectiveness. Videos with varying properties from the original dataset are purposefully chosen for each run. The prototype’s trace lines are compared to the original dataset’s human-drawn pathways. The versatility of the prototype is demonstrated in the final evaluation by generating fine-grained trace lines post-processing. This enables the plot to be adjusted to different parameters based on the characteristics that the resulting plot should have. Through the versatility and accuracy demonstrated by the evaluation runs, this research found that a gastropod tracking solution based on computer vision can alleviate human intervention. The dissertation concludes with a discourse on the lessons learned from the research study. These are presented as guidelines to aid future work in developing a gastropod tracking solution based on computer vision. , Thesis (MIT) -- Faculty of Engineering, the Built Environment, and Technology, School of Information Technology, 2024
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  • Date Issued: 2024-04

Conceptual framework of African immigrant entrepreneurship in South Africa

  • Authors: Ngota, Bernard Lama
  • Date: 2024-04
  • Subjects: Immigrant business enterprises -- South Africa , Entrepreneurship -- South Africa , Foreign workers -- South Africa
  • Language: English
  • Type: Doctorate theses , text
  • Identifier: http://hdl.handle.net/10948/65298 , vital:74090
  • Description: Most previous research on immigrant entrepreneurship has focused on investigating and describing immigrant entrepreneurship challenges, characteristics, and drivers of success. Immigrant entrepreneurship research that focuses on Africa, includes the challenges African immigrant entrepreneurs face, and their innate ability to start new ventures in their host countries compared to their native-born counterparts. However, literature on the conceptual framework explaining African immigrant entrepreneurship in South Africa is still nascent. This study assisted to develop a framework that will explain African immigrant entrepreneurship in South Africa. The purpose of this study was to develop a conceptual framework of African immigrant entrepreneurship in South Africa. The aim was achieved through a qualitative research approach that provided insights into African immigrant entrepreneurs and their perceptions thereof; the home country context, the entrepreneur, the resources, business opportunities, the immigrant entrepreneurial ecosystem, new business creation and operations, and the contributions to economic development to the South African economy were explored. Data was collected from a total of twenty-two participants using semi-structured interviews. The interviews were self-administered on a face-to-face contact by the researcher. Participants included African immigrant entrepreneurs; owner/managers and their employees comprised of twelve African immigrant entrepreneurs and ten employees. Data was collected using an interview guide and analysed by means of content and thematic analyses. A conceptual framework of African immigrant entrepreneurship in South Africa was created from the literature, and the collected data was then fitted to match the components of the model. The findings reveal how the different components of home country context, entrepreneur, resources, business opportunity, immigrant entrepreneurial ecosystem, new business creation and operations, were all interlinked to contribute to the economic development of South Africa. Furthermore, the findings revealed that African immigrant social ethnic groups provides support to their members such as “njangi”, loans, emotional support, protection, information, and helping them adjust to their new surroundings. These supports might promote African immigrant entrepreneurship and the creation of a new business in a host country like South Africa. Other findings complement how other employees benefit from African immigrant entrepreneurship in , Thesis (DPhil) -- Faculty of Business and Economic Sciences, School of Management Sciences, 2023 , Most previous research on immigrant entrepreneurship has focused on investigating and describing immigrant entrepreneurship challenges, characteristics, and drivers of success. Immigrant entrepreneurship research that focuses on Africa, includes the challenges African immigrant entrepreneurs face, and their innate ability to start new ventures in their host countries compared to their native-born counterparts. However, literature on the conceptual framework explaining African immigrant entrepreneurship in South Africa is still nascent. This study assisted to develop a framework that will explain African immigrant entrepreneurship in South Africa. The purpose of this study was to develop a conceptual framework of African immigrant entrepreneurship in South Africa. The aim was achieved through a qualitative research approach that provided insights into African immigrant entrepreneurs and their perceptions thereof; the home country context, the entrepreneur, the resources, business opportunities, the immigrant entrepreneurial ecosystem, new business creation and operations, and the contributions to economic development to the South African economy were explored. Data was collected from a total of twenty-two participants using semi-structured interviews. The interviews were self-administered on a face-to-face contact by the researcher. Participants included African immigrant entrepreneurs; owner/managers and their employees comprised of twelve African immigrant entrepreneurs and ten employees. Data was collected using an interview guide and analysed by means of content and thematic analyses. A conceptual framework of African immigrant entrepreneurship in South Africa was created from the literature, and the collected data was then fitted to match the components of the model. The findings reveal how the different components of home country context, entrepreneur, resources, business opportunity, immigrant entrepreneurial ecosystem, new business creation and operations, were all interlinked to contribute to the economic development of South Africa. Furthermore, the findings revealed that African immigrant social ethnic groups provides support to their members such as “njangi”, loans, emotional support, protection, information, and helping them adjust to their new surroundings. These supports might promote African immigrant entrepreneurship and the creation of a new business in a host country like South Africa. Other findings complement how other employees benefit from African immigrant entrepreneurship in South Africa. This was evidence in the entrepreneurs’ responsibilities, improved employees’ skills development, improved employee economic status and improved employee-employer relationships. The proposed framework serves as a valuable resource for scholars and practitioners, especially those involved with the making of legislations in the country. The study recommends that broad-based integrated public policy interventions and strategies be developed and implemented to have a positive impact on the country's economic success in terms of job creation, skills transfer, poverty reduction, and economic growth to achieve the socio-economic well-being of the people.
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  • Date Issued: 2024-04

Diaspora in Dialogue: An Ontology of Diasporic Subjectivity in the Work of Three Artists Living In-Between South Africa and Zimbabwe

  • Authors: Nyoni, Vulindlela Philani Elliott
  • Date: 2024-04
  • Subjects: Foreign workers -- South Africa , South Africa -- Social conditions , South Africa -- Emigration and immigration
  • Language: English
  • Type: Doctorate , text
  • Identifier: http://hdl.handle.net/10948/62366 , vital:72615
  • Description: As a Zimbabwean artist and educator, living and working in South Africa, my daily experience is that of an “in-between” diasporic subjectivity, which is compounded by the discourses around the uneasy reintegration of post-apartheid South Africa into Africa. This context gives rise to the core philosophical aim of this thesis, which is to explore the notion of “diasporic subjectivities” as a philosophical approach to understanding what it means to be in a complex contemporary reality. The notion of diasporic subjectivities works in the same way as that of “queer subjectivities”, which has been used to understand not just gay people but all people. “Diaspora” names people who have moved, migrated, or been scattered away from an established or ancestral homeland, but retain some sense of belonging to this homeland. From an African perspective, I problematise the concept of an established homeland and the settled subjectivities that belong to it, in contrast to which only the diaspora remains in an uncomfortable state of in-betweenness. Instead, I explore a contention among both European and African existentialist philosophers that the condition of not being at home is the fundamental human condition out of which a home must be created. This would mean that the groundlessness, liminality or in-betweenness of being is experienced not just by the diaspora but by all humans. However, importantly, I find that sociocultural differences due to the history of colonialism gives rise to different experiences of homelessness and the groundlessness of being. This makes a distinction necessary, but to avoid the pitfalls of tying this distinction to geographical locations such as Western versus Non-Western or Global North and Global South, I will refer instead to spaces, practices and even individuals, in which there are “mindsets of entitlement” versus “mindsets of disentitlement”. The former refers to the mindset of ownership characteristic of the settled and developed. The latter refers to the mindset of many who feel a sense of unbelonging, due to disenfranchisement and forced disembodiment and dislocation. I have aimed to support the thesis that the groundlessness, liminality or in-betweenness of being is experienced not just by the diaspora but by all humans, in two ways. Firstly, I consider in detail through various means (narratives, personal reflection, investigation of philosophical texts, dialogues), the philosophical concepts of “belonging”, “home” and “nostalgia” as component aspects of an ontology of diasporic subjectivity. In the second part of this study, I engage in an interpretative process, as outlined by Hans-Georg Gadamer, whereby I use this ontology to help me dialogue with artworks produced by three Zimbabwean artists, Ronald Muchatuta, Gerald Machona, and myself (Vulindlela Nyoni), who share the diasporic condition of being Zimbabweans living in-between Zimbabwe and South Africa. The ontology of diasporic subjectivity developed in the first part offers a language with which to dialogue with the artworks or question the way in which the complexities of belonging, home and nostalgia are expressed in the works, while the works in turn help deepen an understanding of diasporic subjectivity. Both philosophies and artworks may function as transformative, practical tools for seeking wisdom, cultivating self-awareness, developing moral character, and living a reflective and examined life. The combination of personal narratives and self-reflexive, philosophical dialogues regarding artworks and art making and its exigencies holds the potential to produce deeper philosophical insights into the fundamentally diasporic human condition. This kind of hybrid research at the interface between philosophy and artistic praxis is accessible to a broad-based audience. It is therefore better able to undo malicious stereotypical associations between émigrés and malignant tropes of societal decay on the African continent and to validate the contributions made by African diaspora to the decolonial project, than neatly distanced academic reflections, which reduce the philosophical impact of transnational migration to measurable motivations and statistics. , Thesis (D.Phil) -- Faculty of Humanities, School of Social Scinces, 2024
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  • Date Issued: 2024-04

Effects of foreign capital inflows on human development in Ghana and the mediating role of institutional quality

  • Authors: Dadzie, Sylvester Kwesi
  • Date: 2024-04
  • Subjects: Capital movements -- Ghana , Economic development -- Ghana , Structural equation modeling -- Case studies
  • Language: English
  • Type: Master's theses , text
  • Identifier: http://hdl.handle.net/10948/64929 , vital:73987
  • Description: The issue of financing for human development has been crucial for governments and stakeholders. The financing mechanisms for human development have been broadly categorised into domestic and foreign. The foreign capital inflows are to complement domestic resources for development. However, despite the heterogeneity of past studies, several studies have proved that with adequate institutional quality, an inflow of finance can positively impact human development. This study sought to examine the effect of foreign capital inflows on human development and the role of institutional quality in Ghana using partial least square structural equation modelling (PLS-SEM) on selected quartered secondary data from 1996 to 2020, primarily incorporating World Development Indicators (WDI) and World Governance Indicators (WGI). It reveals firstly that foreign capital inflows have significant positive influence on institutional quality in Ghana; secondly, institutional quality has insignificant positive effects on human development; thirdly, the direct effects of foreign capital inflows on human development are negative and insignificant. Finally, the effects of foreign capital inflows on human development are not mediated by institutional quality despite the positive effects of institutional quality. The study concludes that institutional quality does not mediate between the effects of foreign capital inflows and human development in Ghana. However, this study recommends that the government design and implement appropriate policies to create an enabling environment to strengthen institutions and regulations while attracting foreign capital as a supplementary source of domestic investment to enhance human development. , Thesis (MPhil) -- Faculty of Business and Economic Sciences, School of Economics, Development and Tourism, 2024
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  • Date Issued: 2024-04

Estimation of a generalist meso-carnivore (black-backed jackal) population from a fenced protected area

  • Authors: Davidson-Phillips, Samuel Ralph
  • Date: 2024-04
  • Subjects: Wildlife conservation , Carnivorous animals -- Conservation , Carnivorous animals -- Ecology
  • Language: English
  • Type: Master's theses , text
  • Identifier: http://hdl.handle.net/10948/63698 , vital:73589
  • Description: Since 2017, landowners, field guides, and management staff have reported large groups of black-backed jackals (Lupullela mesomelas) (here-forward jackal) in the Welgevonden Game Reserve, Limpopo, South Africa. This is linked with several observations of jackals predating on various ungulate species, potentially leading to unintended consequences on prey populations. These observations combined with an apparent poor survival rate of impala (Aepyceros melampus) and continuous declines in their number led to the perception that jackals could be partly responsible. Several studies have attempted to describe the ecological role of jackals within multiple environments, most of which have proven to be variable and context dependent. Human-modified landscapes along with the fencing of protected areas, may have manipulated the role of jackal within these scenarios. Jackals are wide-ranging and generally not confined by fencing, therefore their population trends possibly fluctuate within these anthropogenic landscapes. Re-introduced apex predators have been shown to facilitate food (provision of carrion) and simultaneously suppress jackal (active killing), this, however, remains difficult to predict. Jackals are classified as facultative cooperative hunters, and the term describes how they hunt in groups opportunistically when suitable resources of prey are available. The indication by several studies that jackals do actively predate rather than only scavenge, illustrates that the species has the potential to cause declines in an ungulate population. It therefore appears erroneous to exclude the species in terms of predator-prey relationships, particularly for land managers of fenced protected areas. The first step to any ecological management is the understanding of population size and trends over time. Unfortunately, little to no reliable methods exist to assess or monitor jackal populations. A popular tool for cryptic and wide-ranging terrestrial carnivores is Spatial Capture Recapture (SCR) models, typically through a camera trap array. These often rely on individual identities and an imperfect detection process to derive a statistical estimate of a given area. Jackals have been assumed to be individually unidentifiable and therefore these methods have largely been excluded. To address this a pilot-targeted camera-trap survey was conducted to improve capture and image quality. Following the role of this procedure, semi-automated software was applied to test the feasibility of individual identifications of captured images. This resulted in a subset of 58 right and left identifiable flank images, compiled from the highest graded images (n = 220) using the open-source Interactive Individual IdentificationSystem Beta Contour 3.0 (I3S Contour). I3S Contour assists users by distinguishing between unique contours on independent flanks without omitting observer effort and ranking. The effectiveness of the identification procedure was evaluated using three software tool trials, namely Computer-aided Annotation, Manual Contour Annotation, and Manual Contour Annotation (MA-2), where MA-2 included additional user-defined meta-data to images. Results showed that jackals could be individually identified from camera trap images and thus opened up the use of previously excluded SCR methodologies. Utilising the jackal database derived from the identification procedures described a total of 28 complete identifications (both flanks matched), 32 left-sided and 36 right-sided captures were used. These were derived from two independent survey periods split between seasonality (Winter & Spring). Two SCR methods were compared, namely, the Spatially Explicit Camera Recapture (SECR) and the newly developed Spatial Presence-Absence (SPA) modelling approach. SECR relies on full individual identification linked to spatial locations to derive spatial parameters to estimate population densities. The SECR methodology has been considered the most precise and was thus used as the benchmark. SPA relies on detections only (i.e., without individual identities), along with informative or uninformative priors. This must be across a spatial array that has detectors close enough to allow for simultaneous detections during each occasion (< 24 hours). Comparisons between these model outputs indicated a high degree of confidence interval overlap; however, SPA had a consistently higher posterior mode density estimate (63-64% higher), where the coefficient of variation between outputs also indicated the SPA having a closer relative precision. The targeted survey results for both model outputs for 2021 did not appear unusually high when compared to other studies. To assess the WGR population size over the long term, opportunistic by-catch data from a nine-year leopard (Panthera pardus) camera survey (Panthera organisation) was utilised. Model outputs from each of the years indicated that population estimates remained relatively stable. This was an unexpected result as the SPA densities did not follow the detection observations. This could be attributed to M not being set high enough (200) and the model reaching the limit, resulting in similar outputs between years. An alternative explanation is where the station spacing is larger than the diameter of the home range, which may reduce spatial correlation. , Thesis (MSc) -- Faculty of Science, School of Natural Resource Science & Management, 2024
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  • Date Issued: 2024-04

Evaluating elephant, Loxodonta africana, space-use and elephant-linked vegetation change in Liwonde National Park, Malawi

  • Authors: Evers, Emma Else Maria
  • Date: 2024-04
  • Subjects: Elephants -- Nutrition -- Malawi , Ecological heterogeneity , Vegetation and climate
  • Language: English
  • Type: Master's theses , text
  • Identifier: http://hdl.handle.net/10948/63744 , vital:73594
  • Description: Heterogeneity, the spatio-temporal variation of abiotic and biotic factors, is a key concept that underpins many ecological phenomena and promotes biodiversity. Ecosystem engineers, such as African savanna elephants (hereafter elephant), Loxodonta africana, are organisms capable of affecting heterogeneity through the creation or modification of habitats. Thus, their impacts can have important consequences for ecosystem biodiversity, both positive and negative. Caughley’s “elephant problem” cautions that confined or compressed, growing elephant populations will inevitably lead to a loss of biodiversity. However, a shift in our understanding of elephants suggests that not all elephant impacts lead to negative biodiversity consequences, as long as there is a heterogeneous spread of elephant impacts that allows for spatio-temporal refuges promoting the persistence of both impact-tolerant and impact-intolerant species. To date, little empirical evidence is available in support of managing elephants under this paradigm and few studies are available that infer the consequences of the distribution of elephant impacts on biodiversity. In addition, most studies use parametric statistics that do not account for scale, spatial autocorrelation, or non-stationarity, leading to a misrepresentation of the underlying processes and patterns of drivers of elephant space-use and the consequences of their impacts on biodiversity. Here, I evaluate spatio-temporal patterns and drivers of elephant space-use, and how the distribution of their impacts affects biodiversity through vegetation changes, using a multi-scaled spatial approach, in Liwonde National Park, Malawi. My study demonstrates that elephant space-use in Liwonde is heterogeneous, leading to spatio-temporal variation in the distribution of their impacts, even in a small, fenced reserve. The importance of the drivers of this heterogeneous space-use varied based on the scale of analysis, water was generally important at larger scales while vegetation quality (indexed by NDVI) was more important at smaller scales. When examined using local models, my results suggest that relationships exhibit non-stationarity, what is important in one area of the park is not necessarily important in other areas. The spatio-temporal variation of the inferred impacts of elephants in Liwonde still allowed for spatio-temporal refuges to be created, no clear linear relationship was found between elephant return intervals and woody species structural and functional diversity (indexed by changes in tree cover and changes in annual regrowth using Normalized Difference Vegetation Index as a measure, respectively) throughout the park. My study provides support for adopting the heterogeneity paradigm for managing elephants and demonstrates that not all elephant impacts result in negative vegetation change. I also demonstrate the crucial implications of accounting for scale, non-stationarity, and spatial autocorrelation to evaluate how animals both respond to, and contribute to, environmental heterogeneity. , Thesis (MSc) -- Faculty of Science, School of Environmental Sciences, 2024
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  • Date Issued: 2024-04

Exploring the continued importance of technique in the co-production of art with A.I.

  • Authors: Venter, Simon Denis
  • Date: 2024-04
  • Subjects: Art and technology , Mass media and culture , Artificial Intelligence
  • Language: English
  • Type: Master's theses , text
  • Identifier: http://hdl.handle.net/10948/63573 , vital:73504
  • Description: n Plato’s Republic, artists are criticised for their perceived lack of rationality, since “art encourages and appeals to emotion,” insofar as “its ruling principle is the passions, which in a happy and well-ordered life must be controlled by reason;” indeed, on this basis, “the aesthetic experience” is even said to be “a psychological anarchy, [and] an orgy of misrule” (Collingwood, 1925: 156). However, this reification of reason in Plato’s hypothesized world,1 informed as it was by static hierarchy, has remained dissonant with the path of history toward entropy, as evinced by the chaotic flux of postmodernity. Certainly, this is exemplified in our own postmodern world, characterized as it is by ever greater degrees of disintegration into diversity, as the economic, social, and geo-political orders established in the mid-twentieth century are challenged and transformed into new paradigms through the increasing multiplicity of demands being made on them (Fowlie & Sills, 2011: 120-121). Accordingly, far from being a source of delusion and dissimilation, it could equally be argued that, collectively and individually, artists’ works reflect this kaleidoscopic trace of time more truthfully than the lens of reason, precisely because life – like art – is also largely psychological anarchy and an orgy of misrule. And within this dynamic environment, the reflections of artists, in turn, assume their value, as traces of what, for want of a better term, will henceforth be referred to as living dialogical time. That is, from this perspective, artists are not the political problem Plato suggested them to be, but rather as a whole comprise a reflection of the living dialogical time that, today, recognises itself collectively as humanity. However, while art has always involved material marks, digitality has recently changed this requirement, in ways which have raised a series of important and difficult questions for the world of art. That is, digitality has changed the wall of the cave into the digits of ones and zeros, which are eradicated at the click of an icon, only to be reconstructed at the click of an icon. Thus, the interface between art and digitality involves the former being presented with increasing opportunities for dynamism, but only at the expense of its materiality – insofar as such dynamism requires art to transition to cyber-virtual platforms. But in this regard, it must be remembered that, by definition, an icon is something which connects us to what cannot ever be represented, because it is beyond our everyday living reality, in an atemporal plane. , Thesis (MA) -- Faculty of Humanities, School of Language, Media and Communication, 2024
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  • Date Issued: 2024-04

Herpetofaunal diversity and affiliations of the Okavango River Basin, with specific focus on the Angolan headwaters

  • Authors: Conradie, Werner
  • Date: 2024-04
  • Subjects: Water conservation -- Okavango River Delta , Watersheds -- Okavango River -- Angola , Biodiversity -- Angola
  • Language: English
  • Type: Doctorate theses , text
  • Identifier: http://hdl.handle.net/10948/63667 , vital:73576
  • Description: Although Africa is reputed to possess some of the richest herpetofaunal diversities in the world, a number of areas remain poorly documented and thus inadequately conserved. One such area in particular is the south-eastern part of Angola. Angola endured a long struggle for independence with a protracted civil war that lasted for nearly three decades, leaving the status of the country’s biodiversity in turmoil. Over the past two decades, Angola has become more accessible for biodiversity surveys, opening up new opportunities to document these previously poorly studied areas and help conserve its biodiversity. South-eastern Angola is the water source of the world-renowned Okavango Delta. However very little is known about the biodiversity, diversity status and conservation significance of the headwaters supplying the largest inland delta in the world. To address this bias in sampling and to investigate the conservation importance of the region, a series of rapid biodiversity surveys of the Angolan Okavango River Basin were conducted between 2012 and 2019. This study contributed over 2150 individual records of amphibians and reptiles, representing 88 reptile and 43 amphibian species. At least 15 species were added to the growing country checklist, with the south-eastern region of Angola now comprising 113 reptile species and 51 amphibian species. Because of this study, the area is now one of the most species-rich and well-studied areas in Angola. This study provided the first genetic data for 26 species, and sequences containing Angolan specimens for the first time were generated for 80 species, of which 23 species have originally been described from Angola. Maximum likelihood and Bayesian inference analyses, supported by species delimitation analyses, were utilised to validate specific species statuses. This allowed for the description of five new species of snake, one gecko and two frogs for Angola. The material further contributed to the description of a new genus of snakes. Numerous undescribed and potentially cryptic species were identified, long-lasting taxonomic issues were resolved, and various taxonomic adjustments were emphasised. Further contributions of the material include assisting in the revision of targeted Angolan amphibian and reptile groups as well as large-scale phylogenetic studies across Africa. , Thesis (PhD) -- Faculty of Science, School of Natural Resource Science & Management, 2024
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  • Date Issued: 2024-04

Investigating long-term sustainability of financing photovoltaic systems, small scale inverters for the local communities in Soweto, South Africa

  • Authors: Mnyani, Siphamandla
  • Date: 2024-04
  • Subjects: Photovoltaic power systems , Solar energy , Sustainable development -- South Africa
  • Language: English
  • Type: Master's theses , text
  • Identifier: http://hdl.handle.net/10948/65197 , vital:74045
  • Description: The study explores the energy supply challenges faced by South Africa. The research was triggered by the decline of the social fabric and lack of economic development in communities such as Soweto due to energy crisis in South Africa. It also analyses the impact that the energy supply challenges have on communities, as well as socio-economic development, employment opportunities and human development. Hence, it provides the nexus between the feasibility of funding photovoltaic (PV) installations, supply of clean reliable energy, socio-economic development, and environmental sustainability. An in-depth literature review was conducted to obtain insights into various funding mechanisms that were adopted in Asia and the Andean countries for the installation of renewable PV systems to provide electricity in marginalised communities, with the aim of achieving sustainable development. This study was conducted using quantitative research methods, which consisted of collecting data from Soweto residents and using probability sampling method, 92 of the respondents completed the survey. The data collected was analysed using data analysis techniques such as, Pearson correlation test, Chi2 and sample T-testing analysis which were conducted to help the researcher to create knowledge and better decision-making and allowed for multiple measurements to be analysed simultaneously. The results obtained from the Pearson correlation as well as Chi2 techniques, indicated a positive relationship between the value of funding PV solar systems and the installation of small-scale inverters in Soweto Township. The analysis performed shows that funding the installation of PV solar system will contribute towards affordable, sustainable energy as well as economic growth in Soweto. Strong emphasis should be put on the analysis of funding models that will contribute towards affordable, clean, sustainable energy in the Townships. This can be achieved through tax breaks or incentives that were implemented by the national treasury in February 2023 or, the establishment of green funds coupled with incentives from the United Nations (UN) (National treasury , 2023). This study was significant in South Africa, since there are no studies of similar nature that have been conducted before, that are related to funding models, renewable energies technologies, micro grids for the marginalised communities. , Thesis (MBA) -- Faculty of Business and Economic Sciences, Business School, 2024
  • Full Text:
  • Date Issued: 2024-04

Lion and leopard diet and dispersal in human-dominated landscapes

  • Authors: Forbes, Ryan Edward
  • Date: 2024-04
  • Subjects: Carnivora -- South Africa , Carnivorous animals -- Conservation , Carnivorous animals -- Ecology
  • Language: English
  • Type: Master's theses , text
  • Identifier: http://hdl.handle.net/10948/63766 , vital:73596
  • Description: Terrestrial carnivore population declines are driven by habitat loss and fragmentation, prey-depletion, persecution, and retaliatory killings. Population strongholds now centre on protected areas, that face increasing human pressure, resulting in population isolation, declining prey populations, and livestock intrusion. I therefore aimed to investigate dispersal and connectivity, and diets of lions (Panthera leo) and leopards (P. pardus) in response to human-use and wildlife density gradients in the Greater Limpopo Transfrontier Conservation Area (GLTCA). Firstly, I investigated dispersal and connectivity for these carnivores across the GLTCA, using single nucleotide polymorphisms. I present evidence that in the prey-depleted Mozambique portion of the GLTCA, lion and leopard dispersal distances are higher compared with the prey-abundant Kruger National Park (KNP). I also provide the first evidence for long-range dispersal in female lions. Despite evidence for connectivity occurring across the GLTCA, I recorded population structuring across the region for both carnivores, likely due to habitat fragmentation by human activities in the Mozambique portion of the GLTCA. I then assessed carnivore diet responses to prey depletion and livestock availability by comparing lion and leopard diets in the prey-abundant/livestock-absent KNP (South Africa), with the prey-depleted/livestock-abundant Limpopo National Park (LNP, Mozambique), using scat analyses. Lions and leopards downshifted their prey size selection in LNP relative to KNP. Despite both carnivores expanding their dietary niche breadths in LNP relative to KNP, diet overlap did not differ between sites. This suggests that even when prey is depleted, lions and leopards can partition food resources, which likely limits competition. Despite cattle (Bos taurus) being the most abundant ungulate in LNP, lions and leopards strongly avoided cattle, supporting the notion that carnivores can perceive the risk of hunting livestock and modulate their foraging behaviour to reduce human-carnivore conflict. Should my findings reflect general patterns in carnivore dispersal and diet responses to human-use and wildlife gradients, then carnivore conservation initiates across their range should focus on prey population rehabilitation, improved livestock husbandry practices, the establishment of effective dispersal corridors and improved human-tolerance towards large carnivores. , Thesis (MSc) -- Faculty of Science, School of Environmental Sciences, 2024
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  • Date Issued: 2024-04

Quantifying the impact of the spatio-temporal variability of land use/land cover on surface run-off generation and groundwater recharge in the luvuvhu river catchment area as a study area

  • Authors: Ramuhovhi, Dakalo Ndivhuwo Stella
  • Date: 2024-04
  • Subjects: Remote sensing , Geographic information systems , Groundwater flow
  • Language: English
  • Type: Master's theses , text
  • Identifier: http://hdl.handle.net/10948/64322 , vital:73675
  • Description: Assessing the spatio-temporal dynamics of land use land cover (LULC) change on hydrological response is vital for catchment sustainability and developing proper management strategies. The study aimed to assess the spatiotemporal effects and implications of LULC dynamics on surface runoff in the Luvuvhu River Catchment, Limpopo Province, using the Soil and Water Assessment Tool (SWAT) model. Satellite images of Landsat 5-thematic mapper and Landsat 8 operational land imager for the years 1990 and 2021 were used to explore the characteristics of LULC for this study by adopting the maximum likelihood (ML) supervised classification method. Five LULC classes were classified in this study; namely, water, built-up area, bare surface, dense vegetation, and sparse vegetation. The classification results show good accuracy values in the range of 76% (1990) and 84% (2021) with overall kappa of 63.8% and 72.8% for 1990 and 2021, respectively. For the purpose of this study, integration of geospatial technique and SWAT model were configured to operate at a monthly time interval over a span of 34 years, specifically from 1979 to 2013 to simulate surface runoff. The SWAT simulation process was executed using a digital elevation model, soil, LULC, and weather data. The analysis of LULC for 1990 and 2021 runoff modelling, it was found that, the runoff depth increased gradually from 3249 mm to 5162.5 mm during 1990 and 2021 LULC change, respectively. The R2, ENS, PBIAS, and RSR values for the calibration and the validation were 0.81 and 0.76, and 0.72 and 0.68, 0.64 and 0.58, 0.54 and 0.63 respectively. These values indicate good correlation between the observed and simulated stream flow data Therefore, suitable and timely management measures must be taken by policy decision-makers to enable sustainable development and to protect the catchment’s natural resources in order to reduce the severity of the changes. , Thesis (MSc) -- Faculty of Science, School of Environmental Sciences, 2024
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  • Date Issued: 2024-04

Reconstructing the fire history and palaeoenvironment at Thyspunt, Southern Cape Coast, Eastern Cape

  • Authors: Ntsondwa, Asithandile
  • Date: 2024-04
  • Subjects: Paleoecology -- South Africa -- Eastern Cape , Paleoclimatology -- South Africa -- Eastern Cape , Sedimentation analysis
  • Language: English
  • Type: Master's theses , text
  • Identifier: http://hdl.handle.net/10948/64277 , vital:73671
  • Description: This study aims to comprehensively understand the palaeoenvironments at Thyspunt in the Eastern Cape, a subregion of the Cape Floristic Region, through fire reconstruction and sediment analyses. Given the fire-dependent nature of the dominant vegetation (fynbos) in the area, there is a need for fire reconstructions and an understanding of the broader ecological dynamics within the southern Cape coastal region (SCCR). This research focused on reconstructing the fire regimes using sedimentary micro- and macrocharcoal from a sediment core (TP-1) extracted from the Langefonteinvlei wetland at Thyspunt, covering the last 5000 years. The charcoal fragments were separated into three size classes, with two falling under microcharcoal (size class 1: 10 – 100 μm and size class 2: 100 – 150 μm) and fragments greater than 150 μm representing macrocharcoal. The sedimentary profile of the TP-1 sequence was characterised based on loss on ignition and x-ray fluorescence analyses to provide better insight into the area's geological and geomorphic setting, climate history, and sediment properties. The results from the geochemical data revealed consistently high calcium carbonate composition throughout the sequence with a decrease in concentration at ~2000 cal. yr BP, 1300 cal. yr BP, and from 500 cal. yr BP to recent years. The sediments had relatively high organic content during the last 500 years. The geochemical data also indicate that the sediments are associated with shallow marine and near-shore depositional environments with a sharp increase in fine material at about 4500 cal. yr BP representing a low-energy environment. High fire activities occur around 4000 cal. yr. BP and from 1500 cal. yr BP till present, with former fire activities more likely associated with increased wildfires (driven by climate change) and the latter possibly reflecting human influence at that time. Microcharcoal fragments (size class 1: 10 – 100 μm) had higher concentrations than the other size fragments. This study underpins the importance of a multiproxy study to enrich our understanding of fire histories in Thyspunt and contributes to broader regional insights. , Thesis (MSc) -- Faculty of Science, School of Environmental Sciences, 2024
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  • Date Issued: 2024-04

The Algoa Bay region groundwater cycle – linking source to coast

  • Authors: Dodd, Carla
  • Date: 2024-04
  • Subjects: Ecohydrology , Hydrology , Groundwater -- Management
  • Language: English
  • Type: Master's theses , text
  • Identifier: http://hdl.handle.net/10948/63722 , vital:73592
  • Description: Groundwater is a crucial component of freshwater supply globally, especially in water-scarce regions such as semi-arid climatic areas where surface water resources are climatically limited and further constrained during droughts. Groundwater resources are also important from an ecological perspective as they support numerous surface ecosystems including wetlands and rivers. Coastal groundwater discharge along the South African coast sustains supratidal spring-fed living microbialite ecosystems (SSLiME). These systems act as potential analogues for Earth’s earliest ecosystems and are therefore useful from a palaeoscientific and evolutionary perspective. The Southern Cape coast of South Africa is characterised by both fractured and intergranular aquifers and hosts the most extensive network of SSLiME reported globally. However, the region is frequently affected by water scarcity crises and consequently groundwater development and usage has increased. Yet, it is unclear to what extent coastal discharge is linked to inland aquifers and whether anthropogenic activities influence the quantity and quality of groundwater that flows into SSLiME. This thesis aims to assess the groundwater cycle of the Algoa Bay region along the Southern Cape coast by means of a multi-tracer study. Specifically, it endeavours to develop a better understanding of the hydrogeochemical connectivity between inland groundwater resources and coastal microbialite ecosystems. To achieve this, four groups of hydrochemical tracers were used: H- and O-isotope ratios, major cations and anions, organic micropollutants and macronutrients. Sampling strategies included monthly precipitation collection over twelve months (stable water isotopes), once-off groundwater collection from boreholes, inland springs and coastal discharge (all tracers). In addition, coastal groundwater discharge was sampled during a once-off repeat campaign (all tracers) and seasonally at selected sites (macronutrients). A local meteoric water line (LMWL) for the region was established and compared to the isotopic signature of groundwater. The results indicate that groundwater is likely recharged directly and with little evaporation. Furthermore, similarities in isotopic signatures between inland and coastal aquifer systems suggest some level of hydrogeological connectivity or similar environmental drivers of recharge, such as precipitation amount and moisture source. This is also supported by the physico-chemistry and major ionic composition of the groundwater samples. However, the major ion composition of groundwater is variable and, although it predominantly reflects the sodium-chloride nature of precipitation, lithological and spatial trends are apparent. For example, coastward trends such as increasing conductivity, calcium, total alkalinity, and nitrogen is evident. While isotopes and major ions inform on the environmental drivers and geogenic influence on groundwater recharge, the organic micropollutants and macronutrients provide insight into the nature of anthropogenic impacts on groundwater quality. Micropollutants quantified in the groundwater samples included artificial sweeteners, pharmaceuticals, a biocide, and an illicit drug. These compounds are mostly classed as wastewater indicators and indicate aquifer contamination from leaking reticulation systems and septic tanks. The highest concentrations are associated with the urban and coastal peri-urban areas, while groundwater from rural areas is often devoid of any micropollutants except sulfamic acid, which may be introduced during recharge from precipitation. Furthermore, the presence of selected compounds in groundwater discharge signifies that at least a component of the groundwater is derived from recent infiltration. Similarly, the macronutrient content of groundwater reflects the proximal land use. As such, coastal groundwater discharge sites adjacent to coastal villages reflect higher concentrations compared to rural sites. In addition, the nutrient load supplied to and discharged from SSLiME systems is quantified and the nutrient attenuation is estimated. This thesis contributes recent hydrogeochemical information for a structurally complex semi-arid area under both natural (drought conditions) and human (increased water use, degradation of aquifers) pressures. Collectively, the results indicate that coastal groundwater discharge is likely a mixture of both the intergranular and fractured aquifers and that anthropogenic activities in the hinterland is contaminating the groundwater. This study is an important addition to the baseline hydrological information available for the region and may be useful in terms of sustainable groundwater management strategies and development toward a socio-ecological optimum, especially as related to coastal microbialite system. , Thesis (PhD) -- Faculty of Science, School of Environmental Sciences, 2024
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  • Date Issued: 2024-04

The Camdeboo-Mountain Zebra mega-reserve as an opportunity to protect viable populations of medium- to large-sized mammals

  • Authors: Davis, Kristen
  • Date: 2024-04
  • Subjects: Mammals -- Ecology -- South Africa -- Eastern Cape , Conservation of natural resources -- South Africa -- Eastern Cape , Wildlife conservation -- South Africa -- Eastern Cape
  • Language: English
  • Type: Master's theses , text
  • Identifier: http://hdl.handle.net/10948/63711 , vital:73590
  • Description: Conservation planning has focused extensively on representation of species in protected areas (PAs), rather than achieving the persistence of these species in PAs. Consequently, most PAs do not support viable populations of many species represented within them, particularly large mammals, resulting in extinction debt risks. The challenge is therefore to identify opportunities to achieve viable populations and to develop and implement conservation plans to achieve this, e.g., expand and connect existing PAs. A recent meta-analysis provides a minimum viable population (MVP) estimate of 5 000 individuals for mammals. This value was used as the target for modelling conservation opportunities for the South African endemic Cape mountain zebra (Equus zebra zebra), blesbok (Damaliscus pygargus phillipsi), black wildebeest (Connochaetes gnou) and co-existing medium- and large-sized mammal species. This study focused on the region between the Camdeboo and Mountain Zebra national parks (ca. 736 000 ha). Within the envisaged Camdeboo-Mountain Zebra (C-MZ) mega-reserve, a spreadsheet model was used to estimate potential herbivore population sizes, spatial requirement data were used to estimate potential omnivore and insectivore population sizes, and herbivore densities were used to estimate potential large carnivore population sizes. I show that 12 (the three endemic grazers and nine co-existing species) of the 28 modelled medium- and large-sized mammal species will potentially exceed 5 000 individuals, the MVP target, within the envisaged mega-reserve. The remaining 16 species show potential to reach substantial population sizes, however, will likely require ongoing metapopulation management. Using a conservation planning approach, I identify priority areas for the conservation of suitable habitat for Cape mountain zebra, blesbok, and black wildebeest within the envisaged mega-reserve, thus indirectly identifying priority areas for the conservation of these endemic species. I show that the potential incorporation of these priority areas within the envisaged mega-reserve will contribute considerably to the conservation of all focal species. In addition, the potential incorporation of these priority areas will contribute to PA expansion and significantly improve connectivity between existing PAs within the envisaged C-MZ mega-reserve. The importance of adequately-sized PAs to support viable populations of focal species is thus evident, and will ensure their long-term survival and ability to persist by allowing population and evolutionary scale processes. , Thesis (MSc) -- Faculty of Science, School of Environmental Sciences, 2024
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  • Date Issued: 2024-04

The effect of education on youth unemployment in South Africa

  • Authors: Erasmus, Lana
  • Date: 2024-04
  • Subjects: Youth -- Employment -- South Africa , Unemployed youth -- South Africa , Youth -- South Africa -- Economic conditions
  • Language: English
  • Type: Master's theses , text
  • Identifier: http://hdl.handle.net/10948/64975 , vital:73999
  • Description: This study investigates the complex relationship between education and youth unemployment in South Africa, utilising data from the 2021 General Household Survey. Employing Logit and Probit models, the research analyses the impact of various factors on the likelihood of youth unemployment, such as education level, province, gender, age, race, type of institution, internet access, access to electricity, and household income. The findings of the study reveal that having a diploma, undergraduate degree, honours/postgraduate diploma, M-Tech, or master’s degree decreases the probability of youth unemployment. Factors such as being white, belonging to the age groups 25-29 or 30-34, and higher household income also reduce the likelihood of unemployment. However, residing in certain provinces such as Free State, KwaZulu-Natal, Northwest, or Limpopo increases the probability of youth unemployment. The sensitivity analysis establishes differences between provinces where mining activities are or are not the main industry. Notable variations include the impact of education on unemployment likelihood and demographic factors affecting different regions. In conclusion, this study contributes valuable insights to policymaking efforts aimed at addressing youth unemployment in South Africa. By examining the intricate connection between education and employment, the research advocates for targeted interventions to bridge the education-employment gap and cultivate a more inclusive labour market for the nation's youth. , Thesis (MCom) -- Faculty of Business and Economic Sciences, School of Economics, Development and Tourism, 2024
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  • Date Issued: 2024-04

The horizontal application of the environmental right to Juristic persons at sea

  • Authors: Maseka, Ntemesha Mwila
  • Date: 2024-04
  • Subjects: Environmental law--South Africa , Marine Living Resources Act , Marine environment
  • Language: English
  • Type: Doctorial theses , text
  • Identifier: http://hdl.handle.net/10948/66098 , vital:74350
  • Description: Due to its vast resources, the ocean has been designated the new “economic frontier”. States are focusing on unlocking this potential to boost economic growth, employment and innovation. Because of their substantial resources, corporations are key actors in driving the development of the ocean economy. Although corporations undeniably contribute significantly to realising the ocean economy’s potential, their main activities—including offshore oil and gas exploration and production and fishing—pose great threats to marine ecosystems. This harm to the marine environment may also threaten and adversely impact many people’s lives, health, well-being, livelihood, culture and traditions. In the South African context, this reality is notably seen through Operation Phakisa. This government initiative aims to unlock the economic potential of the ocean economy to expedite the implementation of solutions to poverty, unemployment and inequality. This race to utilise the oceans and its resources brings to the fore the interaction between the right to have the environment protected and socio-economic development anticipated in section 24 of the South African Constitution. The South African Constitution through section 8(2) acknowledges that non-State actors such as corporations can abuse human rights in horizontal relationships. However, unlike the State, non-State actors are only bound in certain circumstances. Therefore, this thesis examines whether and, if so, to what extent section 24 of the Constitution binds juristic persons at sea. This thesis examines the direct application of international norms to non-State actors to determine how international human rights law addresses non-State actors' conduct that impairs an individual’s guaranteed rights. It was determined that international human rights law has an indirect horizontal effect. This means that in cases where a non-State actor impairs an individual’s human rights, international law permits the victim to hold the State responsible for the violation rather than the non-State actor who was the perpetrator. For a non-State actor to incur direct obligations to uphold certain human rights, the State must create these obligations in its domestic law. The thesis explored how the South African Bill of Rights imposes direct human rights obligations on non-State actors in a horizontal dispute. It was found that whether an entrenched right binds a non-State actor depends on a multi-factor enquiry confirmed by the Constitutional Court. Based on that enquiry, it concluded that the environmental right is capable of and suitable for horizontal application. Furthermore, non-State actors can bear positive and negative constitutional human rights obligations arising from the environmental right. A failure to comply with these obligations would violate this constitutional right. The most significant findings of this thesis pertain to the applicability of South Africa’s human rights law framework at sea. This is because the legal regime applicable at sea differs from that on land. The United Nations Convention on the Law of the Sea assigns jurisdiction to States in the different maritime zones for different purposes. To elucidate South Africa's rights and obligations as delineated in the LOSC, the thesis focused on two examples: the exploitation of marine living resources and the prospection, exploration, and exploitation of marine non-living resources. Subsequently, the extent to which South Africa has taken measures in its domestic law to implement those rights and duties was assessed. In addition, this approach was appropriate because questions concerning the horizontal application of the South African Bill of Rights necessitate contextual analysis and cannot be answered a priori and in the abstract. Using the multi-factor enquiry, the study showed that, in principle, section 24 of the Constitution might bind juristic persons within South Africa’s territorial jurisdiction, exclusive economic zone jurisdiction, continental shelf jurisdiction and under South Africa’s personal jurisdiction. Furthermore, juristic persons who control vessels registered in South Africa or control a vessel entitled to be registered in South Africa but has departed to a place outside South Africa without being registered might also be constitutionally bound based on flag State jurisdiction. The sole means of preventing South Africa from exercising its authority this way requires severing the jurisdictional connection between South Africa and the juristic person. It was recommended that in ocean-related matters, the connecting factor between South Africa and the juristic person must be considered as an additional factor in the enquiry to determine whether a particular right binds that juristic person. Additionally, since the scope of corresponding rights-holders are “everyone”, even people outside South Africa present in places where the juristic person who is the corresponding duty- bearer operates or where their conduct is felt can hold these actors accountable for their constitutional human rights obligations. , Thesis (LLD) -- Faculty of Law, 2024
  • Full Text:
  • Date Issued: 2024-04

The horizontal application of the environmental right to juristic persons at sea

  • Authors: Maseka, Ntemesha Mliwa
  • Date: 2024-04
  • Subjects: Economic zones (Law of the sea) , Law of the sea , Criminal liability of juristic persons -- South Africa , Environmental Law , Territorial waters
  • Language: English
  • Type: Doctoral theses , text
  • Identifier: http://hdl.handle.net/10948/65739 , vital:74233
  • Description: Due to its vast resources, the ocean has been designated the new “economic frontier”. States are focusing on unlocking this potential to boost economic growth, employment and innovation. Because of their substantial resources, corporations are key actors in driving the development of the ocean economy. Although corporations undeniably contribute significantly to realising the ocean economy’s potential, their main activities—including offshore oil and gas exploration and production and fishing—pose great threats to marine ecosystems. This harm to the marine environment may also threaten and adversely impact many people’s lives, health, well-being, livelihood, culture and traditions. In the South African context, this reality is notably seen through Operation Phakisa. This government initiative aims to unlock the economic potential of the ocean economy to expedite the implementation of solutions to poverty, unemployment and inequality. This race to utilise the oceans and its resources brings to the fore the interaction between the right to have the environment protected and socio-economic development anticipated in section 24 of the South African Constitution. The South African Constitution through section 8(2) acknowledges that non-State actors such as corporations can abuse human rights in horizontal relationships. However, unlike the State, non-State actors are only bound in certain circumstances. Therefore, this thesis examines whether and, if so, to what extent section 24 of the Constitution binds juristic persons at sea. This thesis examines the direct application of international norms to non-State actors to determine how international human rights law addresses non-State actors' conduct that impairs an individual’s guaranteed rights. It was determined that international human rights law has an indirect horizontal effect. This means that in cases where a non-State actor impairs an individual’s human rights, international law permits the victim to hold the State responsible for the violation rather than the non-State actor who was the perpetrator. For a non-State actor to incur direct obligations to uphold certain human rights, the State must create these obligations in its domestic law. The thesis explored how the South African Bill of Rights imposes direct human rights obligations on non-State actors in a horizontal dispute. It was found that whether an entrenched right binds a non-State actor depends on a multi-factor enquiry confirmed by the Constitutional Court. Based on that enquiry, it concluded that the environmental right is capable of and suitable for horizontal application. Furthermore, non-State actors can bear positive and negative constitutional human rights obligations arising from the environmental right. A failure to comply with these obligations would violate this constitutional right. The most significant findings of this thesis pertain to the applicability of South Africa’s human rights law framework at sea. This is because the legal regime applicable at sea differs from that on land. The United Nations Convention on the Law of the Sea assigns jurisdiction to States in the different maritime zones for different purposes. To elucidate South Africa's rights and obligations as delineated in the LOSC, the thesis focused on two examples: the exploitation of marine living resources and the prospection, exploration and exploitation of marine non-living resources. Subsequently, the extent to which South Africa has taken measures in its domestic law to implement those rights and duties was assessed. In addition, this approach was appropriate because questions concerning the horizontal application of the South African Bill of Rights necessitate contextual analysis and cannot be answered a priori and in the abstract. Using the multi-factor enquiry, the study showed that, in principle, section 24 of the Constitution might bind juristic persons within South Africa’s territorial jurisdiction, exclusive economic zone jurisdiction, continental shelf jurisdiction and under South Africa’s personal jurisdiction. Furthermore, juristic persons who control vessels registered in South Africa or control a vessel entitled to be registered in South Africa but has departed to a place outside South Africa without being registered might also be constitutionally bound based on flag State jurisdiction. The sole means of preventing South Africa from exercising its authority this way requires severing the jurisdictional connection between South Africa and the juristic person. It was recommended that in ocean-related matters, the connecting factor between South Africa and the juristic person must be considered as an additional factor in the enquiry to determine whether a particular right binds that juristic person. Additionally, since the scope of corresponding rights-holders are “everyone”, even people outside South Africa present in places where the juristic person who is the corresponding duty-bearer operates or where their conduct is felt can hold these actors accountable for their constitutional human rights obligations. , Thesis (LLD) -- Faculty of Law, Department of Public Law, 2024
  • Full Text:
  • Date Issued: 2024-04
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